House Bill hb1129

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    Florida House of Representatives - 2002                HB 1129

        By Representative Betancourt






  1                      A bill to be entitled

  2         An act relating to the Public Employees

  3         Relations Commission; amending s. 447.207,

  4         F.S.; requiring the commission to report

  5         certain information each year to the

  6         Legislature; amending s. 447.305, F.S.;

  7         specifying conditions for denial or revocation

  8         of registration by employee organizations;

  9         specifying a uniform date for registrations;

10         requiring additional information in

11         applications for registration; providing for

12         denial of registration under certain

13         circumstances; authorizing the commission to

14         impose fines under certain circumstances;

15         revising a prescribed registration fee;

16         providing for retention by the commission of

17         certain funds; providing an effective date.

18

19  Be It Enacted by the Legislature of the State of Florida:

20

21         Section 1.  Subsection (12) is added to section

22  447.207, Florida Statutes, to read:

23         447.207  Commission; powers and duties.--

24         (12)  The commission shall file a report with the

25  President of the Senate and the Speaker of the House of

26  Representatives by January 1 of each year identifying the

27  employee organizations registered or certified by the

28  commission and any employee organizations whose registration

29  or certification has been revoked by the commission.

30         Section 2.  Subsections (1), (2), and (3) of section

31  447.305, Florida Statutes, are amended to read:

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    Florida House of Representatives - 2002                HB 1129

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  1         447.305  Registration of employee organization.--

  2         (1)  Every employee organization seeking to become a

  3  certified bargaining agent for public employees shall register

  4  with the commission pursuant to the procedures set forth in s.

  5  120.60 prior to requesting recognition by a public employer

  6  for purposes of collective bargaining and prior to submitting

  7  a petition to the commission requesting certification as an

  8  exclusive bargaining agent.  Further, if such employee

  9  organization is not registered, it may not participate in a

10  representation hearing, participate in a representation

11  election, or be certified as an exclusive bargaining agent.

12  The application for registration required by this section

13  shall be under oath and in such form as the commission may

14  prescribe and shall include:

15         (a)  The name and address of the organization and of

16  any parent organization or any state, national, or

17  international organization with which it is affiliated.

18         (b)  The names, titles, telephone numbers, and

19  addresses of the principal officers and all representatives of

20  the organization and the names, titles, and telephone numbers

21  of the officers of any state, national, or international

22  organization with which it is affiliated.

23         (c)  The amount of the initiation fee, if any, and of

24  the annual monthly dues that which members of each bargaining

25  unit must pay.

26         (d)  The current annual financial statement of the

27  organization.

28         (e)  The name of its business agent, if any; if

29  different from the business agent, the name of its local agent

30  for service of process; and the addresses where such person or

31  persons can be reached.

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    Florida House of Representatives - 2002                HB 1129

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  1         (f)  A pledge, in a form prescribed by the commission,

  2  that the employee organization will conform to the laws of the

  3  state and that it will accept members without regard to age,

  4  race, sex, religion, or national origin.

  5         (g)  A copy of the current constitution and bylaws of

  6  the employee organization.

  7         (h)  A copy of the current constitution and bylaws of

  8  the state and national groups with which the employee

  9  organization is affiliated or associated.  In lieu of this

10  provision, and upon adoption of a rule by the commission, a

11  state or national affiliate or parent organization of any

12  registering labor organization may annually submit a copy of

13  its current constitution and bylaws.

14         (2)  A registration granted to an employee organization

15  pursuant to the provisions of this section shall run until

16  July 1 following for 1 year from the date of issuance.  A

17  registration shall be renewed each year annually by filing

18  application for renewal, by July 1, under oath with the

19  commission, which application shall reflect any changes in the

20  information provided to the commission in conjunction with the

21  employee organization's preceding application for registration

22  or previous renewal, whichever is applicable.  Each

23  application for renewal of registration shall include a

24  current annual financial report, signed by its president and

25  treasurer or corresponding principal officers, containing the

26  following information in such detail as may be necessary

27  accurately to disclose its financial condition and operations

28  for its preceding fiscal year and in such categories as the

29  commission may prescribe:

30         (a)  Assets and liabilities at the beginning and end of

31  the fiscal year;

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    Florida House of Representatives - 2002                HB 1129

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  1         (b)  Receipts of any kind and the sources thereof;

  2         (c)  Salary, allowances, and other direct or indirect

  3  disbursements, including reimbursed expenses, to each officer

  4  and also to each employee who, during such fiscal year,

  5  received more than $10,000 in the aggregate from such employee

  6  organization and any other employee organization affiliated

  7  with it or with which it is affiliated or which is affiliated

  8  with the same national or international employee organization

  9  and list the annual salaries of each of the principal officers

10  of all state and national or international affiliates;

11         (d)  Direct and indirect loans made to any officer,

12  employee, or member which aggregated more than $250 during the

13  fiscal year, together with a statement of the purpose,

14  security, if any, and arrangements for repayment; and

15         (e)  Direct and indirect loans to any business

16  enterprise, together with a statement of the purpose,

17  security, if any, and arrangements for repayment.

18         (f)  The annual dollar amount of the following benefit

19  packages paid to each of the principal officers of the

20  organization that is seeking to be named the bargaining agent

21  for employees of a bargaining unit and of the principal

22  officers of each of all state and national affiliates:

23         1.  Health, major medical, vision, or dental insurance.

24         2.  Life insurance.

25         3.  Retirement plans.

26         4.  Automobile allowances.

27         (g)  The amount of the salary of any officers of the

28  organization seeking to be named the bargaining agent for

29  employees of a bargaining unit that may be paid by the public

30  employer but whose salary is all or partially reimbursed to

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    Florida House of Representatives - 2002                HB 1129

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  1  the public employer from the employee organization seeking to

  2  become the bargaining agent for public employees.

  3         (h)  Separately, each of the different bargaining units

  4  and the number of dues-paying members of each bargaining unit

  5  to be represented by the employee organization seeking to

  6  become the bargaining agent for public employees as of June 30

  7  immediately preceding the filing.

  8         (i)  Separately, the per-member amount of annual dues

  9  sent from the employee organization seeking to become the

10  bargaining agent for public employees to each state, national,

11  or international affiliate.

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13  Any application for renewal of registration that fails to

14  include all of such information or which is not timely filed

15  shall be denied. However, in lieu of denial, the commission

16  may impose a fine for late filing not to exceed $1,000 or a

17  fine for each item of information not included not to exceed

18  $50 per omission.  An employee organization shall report

19  changes in such information to the commission at the end of

20  each calendar quarter of the fiscal year. Failure to timely

21  report changes in such information or the incomplete reporting

22  of such changes shall result, at the commission's discretion,

23  in revocation of registration or in a fine for late filing not

24  to exceed $500 or a fine not to exceed $50 per unreported or

25  incompletely reported change. For purposes of this part, an

26  employee organization's fiscal year shall be the same as the

27  state's fiscal year. All such moneys collected by the

28  commission shall be retained by the commission and used to

29  further its activities.

30         (3)  A registration fee shall accompany each

31  application filed with the commission. The amount charged for

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    Florida House of Representatives - 2002                HB 1129

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  1  an application for registration or renewal of registration

  2  shall be $1 per member calculated upon the number of members

  3  as of June 30 immediately preceding the filing, but in no case

  4  shall the amount not exceed $1,000 $15. All such money

  5  collected by the commission shall be retained by the

  6  commission and used to further its activities deposited in the

  7  General Revenue Fund.

  8         Section 3.  This act shall take effect upon becoming a

  9  law.

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11            *****************************************

12                          HOUSE SUMMARY

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      Requires the Public Employees Relations Commission to
14    report to the Legislature each year. Provides for denial
      or revocation of the registration of an employee
15    organization. Provides for a uniform date for
      registration of employee organizations. Requires
16    additional information for applications for registration.
      Authorizes the commission to deny applications for
17    registration or impose fines for failing to provide
      specified information or report changes in specified
18    information. Revises the registration fee and authorizes
      the commission to retain funds heretofore deposited into
19    the General Revenue Fund. See bill for details.

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